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HomeMy WebLinkAboutCity Council Agenda Item No. 07 ~ _ REPORT To CITY COUNCIL To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PAT KILROY INTERIM CITY MANAGER DATE: APRIL 10, 2012 SUBJECT: AMENDMENT TO THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 1? -ZONING, AMENDING CHAPTER 1?.08 - DEFINITIONS, AND ADDING CHAPTER 1?.86 -RMU RESIDENTIAL MIXED-USE DISTRICT AND CHAPTER 1?.134 -CMU COMMERCIAL MIXED-USE DISTRICT. Background The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011, that established mixed-use designations on various properties throughout the City. There are no existing zoning districts in the Lake Elsinore Municipal Code ~LEMC} that adequately provide development standards for the mixed-use designations. On March 20, 2012, the Planning Commission unanimously approved Resolution No. PC- 2012-15 recommending the adoption of new Chapters 17.85 "RMU Residential Mixed- Use District" and 17.134 "CMU Commercial Mixed Use District" for addition to the City's Municipal Code, Title 17 -Zoning. In addition, amendments to Chapter 17.08 - "Definitions"are proposed with revised land use definitions consistent with the proposed Glossary/Definitions of Mixed Use Land Uses to be used in the RMU and CMU zones. Commission Discussion & Revisions No one from the public testified before the Commission. However, Commissioners extensively discussed the appropriateness of "Bar, pub, cocktail lounge" and "Cigar IoungelHookah bar." Uses within the zoning districts. Ultimately, the Commission chose to take separate action regarding these uses, and the motion to treat them similarly, requiring a conditional use permit in both the RMU and CMU zones, passed by a vote of 3 to 2. The Table of Mixed Use Land Uses has been amended to reflect the Commission's action. AGENDA ITEM NO.7 Page 1 of 51 RMU & CMU Zoning Code Amendments April 10, 2012 Page 2 of 2 Commission discussion also focused on the density bonus incentive, minimum lot sizes, minimum dwelling unit sizes, and the ratio of commercial to residential use. Revisions to the terms used to clarify these requirements have been made to the text, Definitions, Glossary, and Matrix. Fecal Impact The City of Lake Elsinore Zoning Code is a long-term planning document. There is no direct fiscal impact to the City. Recommendation Waive further reading and introduce by title only ordinance No. 2012- amendin . g the Lake Elsinore Municipal Code, Title 17 -Zoning, Chapter 17.08 -Definitions, and adding Chapter 17.80 -RMU Residential Mixed-Use District and Chapter 1?.134 CMU Commercial Mixed-Use District. Prepared by: Warren Morelion, AICP Acting Community Development Director Approved by: Pat Kilroy Interim City Manager Attachments: 1. tJrdinance No. y2012-~ ',~doptng the amendment to the Lake Elsinore Munici al Code P Title 17 -Zoning, amending Chapter 17.08 -Definitions, and the adding Chapter 17.86 - RMU Residential Mixed-Use District and Chapter 17.134 - CMU Commercial Mixed-Use District. a. Exhibit `A': Chapter 17.48 Definitions (amended} b. Exhibit `B': Chapter 17.86 RMU Residential Mixed-Use District c. Exhibit `C': Chapter 17.134 CMU Commercial Mixed-Use District 2. Draft Minutes of the Planning Commission Hearing on March ZD, 2412 3. Planning Commission staff Report, March 2~, 2a12 Page2of51 ORDINANCE NO.2012-1~4~I ORDINANCE OF THE CITY OF LACE ELSINORE, CALIFORNIA, AMENDING THE LADE ELSINORE MUNICIPAL CODE, TITLE 17 - ZONIN{~, CHAPTER 17,0 -DEFINITIONS, ANC ADDING CHAPTER 1 ?.8G - RIU RESIDENTIAL MIXED-USE DISTRICT AND CHAPTER 1?.134 - C~IU COMMERCIAL FIXED-USE DISTRICT WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on C~ecember 13, 2011, which established mixed-use designations on various properties throughout the City, as presented on the General Plan land Use Plan; and WHEREAS, there are no existing zoning districts in the Lake Elsinore Municipal Code ~LEMC~ that adequately provides development standards for the mixed-use designations; and WHEREAS, certain land use definitions have been updated, revised or added consistent with the proposed mixed-use districts; and WHEREAS, Government Code Section X5103 empo~~ers the legislative body to implement the General Plan through actions including, but not limited to, the administration of zoning ordinances; and WHEREAS, Government Code Section 6580 requires that a city's zoning ordinances be consistent with its general plan; and IHEREAS, Resolution No. 2go4-11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of .any land use or zoning ordinance in Section l1! -Exemptions; and WHEREAS, after considering the amendment and additions to the LEMC at a regular meeting held on March 20, 2012, the Planning Commission of the City of Lake Elsinore recommended that the City Council approve the amendment and additions to the LEMC, Title 17 -Zoning, amending Chapter 17.88 -Definitions, and adding Chapter 17.8 - RMU Residential Mixed-Use District and Chapter 17.184 - CMU Commercial Mixed-Use District; and WHEREAS, public notice of the amendment and additions have been given and the City Council of the City of Lake Elsinore has considered the evidence presented by the Community Development Department and other interested parties at a public hearing held on April 10, 2012 with respect to this item. NOV11, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLO~IUS: Page 3 of 51 OFtI~N~ifiV~E loo. 2~~ 2-1300 PAGE o 5 SECT~o~d 1. The City Council has reviewed and analyzed the proposed amendment and additions pursuant to the California Planning and Zoning Laws (Cal. Gov. Code ~6500o et se~►.}, the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed amendment and additions are consistent with the requirements of California Planning and honing Law and with the goals and policies of the Lake Elsinore General Plan. SECTION 2. Pursuant to Section 21080 ~c~ ~2) of the California Environmental Quality Act (CEQA~, the City Council determines that the Recirculated Program Environmental Impact Report certified for the update to the General Plan is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the Project. Because the amendment and addition to the LEMC implements the General Plan update with the appropriate zoning districts for development within the mixed-use designations, no additional environmental review is required. SECTION 3. That in accordance with the State Planning and Zoning Law, the City Council hereby makes tl~e following findings for the approval of the amendment and additions to the LEMC, Title ~ ~ -Zoning, mending Chapter ~ ~.fl8 - definitions, and adding Chapter 17.86 - RM Residential Mined-lase district and Chapter 1 x.134 - CMU Commercial Mixed-lise C~istrict: 1. The proposed amendment and additions will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b~ injurious to the property or improvements in the neighborhood or whin the C~. a. The proposed amendment and additions have been analyzed relative to their potential to have detrimental effects. The proposed amendment and additions will be beneficial to the public health, safely, comfort and welfare and will improve the property in the neighborhood and the City by allowing a variety of residential and commercial uses to be established in mixed-use districts within the City. 2. The proposed amendment and additions will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed amendment and additions provide a Table of Mixed Use Uses that are permitted, permitted by conditional use permit, permitted b y temporary use permit, or prohibited, thereby enabling a property owner to determine the highest and best use of his land if it is designated for residential mixed-use or commercial mixed-use. b. The proposed amendment and additions provide aGlossary / Qefiniton of Mixed Use Land Use terms that specifies each land use listed on the Table of Mixed-Use Land Uses. Page 4 of 51 ORDINANCE No. 2~1 Z-130 PAGE 3 of 5 c. The proposed amendment and additions provide detailed development standards where necessary to ensure that uses are compatible with adjacent properties and recognise its constraints in a mired-use environment d. The proposed amendment and additions provide a I~atrfx of development standards to assist the property owner with the design of his project. 3, The proposed amendment and additions would establish a land use density, intensity and usage more in character with the subject property's location, access, and constraints. a. The proposed amendment and additions provide detailed development standards where necessary to ensure that uses are compatible with adjacent propefties and recognize its constraints in a mixed-use environment. 4. The proposed amendment and additions increase the number of potential dwelling units that maybe developed on the sites. a. The mixed-use designations were adopted specifically to encourage a combination of residential units within commercial projects, that are vibrant, pedestrian-friendly, urban centers.. density bonuses are available to increase the number of potential dwelling units on sites designated fro residential mixed-use. b. The proposed amendment and additions will not have a significant effect on the environment. a. The potential impacts of the Genera! Plan update have been analysed in the Recirculated Environmental Impact Report (SCH l#20o5~2~Q9g~ prepared for the General Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 4. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby adopts the following amendments and additions to the Lake Elsinore Municipal Code, Title 17 -Zoning, as follows: {a) amending and restating in part Chapter 17,08 -Definitions as set forth in Exhibit "A" attached hereto and incorporated by reference herein; ~b~ adding Chapter 17.86 - R~U Residential Mixed-Use District as set forth in Exhibit "B" attached hereto and incorporated by reference herein; and ~c) adding Chapter 17.134 - CCU Commercial Mixed-Use District, as set forth in Exhibit "C" attached hereto and incorporated herein by reference. SECTION If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such Page 5 of 51 oRD1A~CE No. 2{12-1~Q PAC E 4 oaf invalidity shall not affect the other provisions of this ordinance and are hereby declared to be severable. ECTo This ordinance shall take effect this {30} days after the date of its final passage. The City Clerk shall certi as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. PASEfl, APPRO~IE[~, ~TRC3~~CE~ at a regular meeting o the City Council of the City of Lake Elsinore, California, on the 1O~h day of April, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 24~n day of April, 2012, Brian Tisdale, Mayor City of Lake Elsinore City Council AT~'EST: Virginia Bloom, City Clerk APPROVEa AS To FoR~: Barbara Leibold, City Attorney Page 6 ofi 51 ORDINANCE N0.2412-~ 344 PAGE 5 of ~ STATE of CALIFORNIA ~ COUNTY of RI'ERSICE ~ ss CITY of LADE ELSINORE } VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that ordinance No. 2012- was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 1Ot" day of April, 2012, and was finally passed at a regular meeting of the City Counci! of the City of Lake Elsinore held on the 24#~' day of April, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Virginia Bloom, CMC City Clerk Page7of51 EXHIBIT A Page -1- The following definitions are amended and restated or added to Chapter 17,08 of the Cake Elsinore Municipal Cade as follows: 17.080.010 A definitions. ``Assembly Use" A meeting, recreational, or social facility of a private or non- profit organization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, and youth centers, andPlaces of Religious Assembly or Institution" as defined in Section17.08.100 (but not including schools as defined in Section 17.08.190. ``Automotive repair or service, including fire stares" A facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires. 11.080.020 B definitions. iiBar" An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, cocktail lounge. "Bed & Breakfast residence" A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel. ``Boardinghouse" Abuilding ar portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis. iiBotanlcal garden or arboretum" A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. 17.08.030 C definitions. iiCardroom" An establishment duly licensed pursuant to Chapter 5.44 of the Lake Elsinore Municipal Code containing tables and other similar conveniences for card playing and the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State of California. ``Caretaker quarters" A permanent residence that is provided as an accessory use to anon-residential use, used as a residence for a caretaker household for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site. iiCa~, wash" A permanent, self-service or full service establishment that provides facilities far car washing. ``Catering service" A business that prepares food for consumption off-premises. Amended by Planning Commission, 3-20-12 Page 8 of 51 EXHIBIT A Page - 2 - "Check cashing service" A place of business where one can cash a check for a fee. "Cigar lounge" An establishment where patrons may purchase and smoke cigars, upon written clearance from the State of California Department of Health. 1?.08.040 D definitions. "Day care facility" A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment. "Day care, large family" The use of a residential dwelling unit and the lot upon which it is located far the daytime care of seven to twelve children or elderly adults including any children or elderly adults who normally reside on the premises. "Day care, small family" The use of a residential dwelling unit and the lot upon which it is located for the daytime care of six or fewer children or elderly adults including those who reside at the home. "Duplex" A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unperced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance, 1?.08.060 F definitions. "Financial institution" A facility offering financial services such as a bank, credit union, savings & loan, or finance company. "Food establishments" The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery retail sales only}, candy, coffee, ice cream, health food, cafe, restaurant. "Fortunetelling" Abusiness wherein the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, tea Amended by Planning Commission, 3-20-72 Page 9 of 51 EXHIBIT A Page - 3 - leaves, augury, astrology., palmistry, handwriting analysis, telepathy,... card reading,. crystal gazing or magic of any kind or nature. 7.08.070 G definitions. "Government facility" Any facility owned and operated by City, county, Mate or federal governments, regardless of the use. "Gun and ammunition sales" Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition. 17.08.080 H definitions. "Health Fitness or Exercise Club" A facility, owned or operated by a corporation, association, person or persons, for a recreational purpose, to which membership is required for participation. "Home occupation" A use conducted entirely within a dwelling and carried on by the inhabitants} thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment or property values of the neighborhood. "Hookah bar" An establishment where patrons communally smoke flavored tobacco, upon written clearance from the State of California Departrment of Health. "Hotel or Motel" A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more uestrooms g that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel and "motel may be used interchangeably. "Housing, permanent" Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses. "Housing, temporary" A facility for transient occupancy, such as a hotel, or a bed & breakfast residence. 1?.08.094 I definitions. "Institutional use" means anon-profit orquasi-public use or institution, such as a library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose. Amended by Planning Commission, 3-20-12 Page 10 of 51 EXHIBIT A Page - 4 17.08.110 K definitions. "Ciosk for retail sales" Any portable, non-motorized, non-wheeled, semi- permanent structure used for the sale of retail goods, food, and/or beverages, and licensed by the City. 17.08..120 L definitions. "Library" A public, quasi-public or privately-awned facility that is open to the public for the primary use of literary, musical, artistic or reference materials. "Live~~ork unit" Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. 17.08.130 M definitions. "Massage establishment" Any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage on the premises. "Medical marijuana dispensary" A facility where medical marijuana is provided to a qualified patient, a person with an identification card, or to a qualified, rims p ry caregiver, all of wham are defined in the California Health and Safety Code Sections 11362.5 and 11362.E et.seq. as such sections maybe amended from time to time. "Medical office" An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or ur ent care. In the mixed use zones g , hours of operation limited to 7 a.m. until 10 p.m. "Mixed Use district" A zoning district that allows development on a single parcel or on adjacent parcels that contains different land uses e.., residential ~g , commercial, professional office, civic,. or recreation} that are complementary to each other. "Mixed Ilse Horizontal Development" Development that combines two or more types of land uses ~e.g., residential, commercial, professional office, civic, or recreation) on a single development site, but not necessarily in the same building, typically nonresidential uses are located adjacent to the street and residential uses are located away from major streets behind nonresidential uses. Amended by Pfanning Commission, 3.20-12 Page 11 of 51 EXH 181T A Page - 5 "Mixed Use Vertical Development" QeveLopment that combines two or more types of land uses ~e.g., residential, commercial, professional office, civic, or recreation} in a single building in a vertical configuration, typically with residential uses located above nonresidential uses. "Motel" See "Hotel or Motel" "Museum" A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use. 17.48.140 N definitions. "1Vightclub" A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment ar permitted. Includes discotheques and dance halls. 17.08.150 o definitions. "open air market" An establishment for the sale of fresh agricultural produce and related products, and licensed by the City. 17.08.160 P deftnitions. iiPark" Anon-commercial public outdoor recreational area that provides active or passive activities. Includes playgrounds. "Parking facility" An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business. "Pawn shop" An establishment that lends money at a specified rate of interest on articles of personal properrky left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission. "Personal service" An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, Laundromat, small appliance repair (household, television, stereo system, computer}, watch & jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental office only}, computer rental, cyber cafe, package, postal and mailbox service. Amended by Planning Commission, 3-20-72 Page 12 of 51 EXHIBIT A Page - ~ - "Pet shop" An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United Mates or are wild by nature. Na boarding of animals are permitted. "Pharmacy" An establishment where medications are dispensed by licensed pharmacists. "Professional office" An afce used by persons who provide services that require a state license or certificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title anal escrow offices,. business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business. 17.48.180 R definitions. "Recreation facility" An establishment that provides entertainment activities or services for a fee ar admission charge, including a bowling alley, electronic game arcades, billiard roams, miniature golf, indoor party center . "Residential care facility" In accordance with Section 1502 of the Health and Safety Code, any family home, group care facility ar similar establishment for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Retail ar "Retail sale" The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit & gallery, sporting goads, bicycle and bicycle rental, toy, music store including sale of instruments, records, tapes}, vehicle parts (excluding repair and service), antiques. 17.08.190 S definitions. "Street vendor" A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license. "Studio 1 workshop" A stadia facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, marshal arts, cooking. "Swap Feet" A building. (indoor) or outdoor area in which stalls or sales areas are set aside, rented ar otherwise provided, which are used by unrelated individuals to sell, trade, exchange, or place on consignment, or swap articles that are either new, Amended by Planning Commission, 3-20-72 Page 13 of 51 EXHIBIT A Page - 7 - homemade, homegrown, old, antique, or obsolete. includes flea market or farmers' market, 11.08.00 T definitions. "Tattoo" An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with ail applicable requirements of the County Health Department, County Sheriff's Department, and conditions of approval that shall include age restriction, full screening o service operations, hours of operation, and measures to control loitering and traffic at the site. "Theatre" A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances. "Thrift store" A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise. 11.08.230 W definitions. "Wireless telecommunications facility" A facility that radiates or receives commercial cellular communications service and/or data radio signals tolfrom ground- mounted,. building-mounted orstructure-mounted poles, towers or antenna. Amended b y Planning Commission, 3-20-12 Page 14 of 51 EXHIBITS Chapter 1 RIU RESIDENTIAL. FIXED-USE DISTRICT Sections: 010 Purpose. 020 , Table of Mixed Use Land Uses, 030 Glossary f Definitions of Mixed Use Land Uses. 035 Standards for Eating and Drinking Establishments and Sidewalk Cafes. 040 Minimum Lot Areas 050 Minimum Dwelling tJnil Size 060 Density Bonus: Up to a Maximum 35 Dwellings per Acre 0?0 Parking in the RMU 080 Design Review in the RMU 090 Lake Elsinore Municipal Code References 100 Mixed Use Development Matrix 1?.86.010 Purpose. The intent of the RMU District is to provide a development opportunity to combine both residential and neighborhood retail and service uses, preferably incorporated into amixed-use project. The RMU District accommodates primarily medium to high density residential mixed-use developments, with limited commercial, institutional, office and service uses distributed in a manner compatible with the street environment and adjacent to residential areas. 17.86.020 Table of Land Uses and Glossary 1 Definitions. P = Permit#ed use. C =Use subject to a Conditional Use Permit. T =Temporary use permitted with a Temporary Use Permit. =Prohibited use in the zone. For properkies within the Downtown Master Plan, Section 1.4 Detailed Land Use Matrix of the Downtown Code supersedes this Chapter. In the Downtown Master Plan, land uses are specific to the Garden District, Historic District, Cultural District and vVaterfront District as defined by the Downtown Master Plan. Amended by Planning Commission, 3-20-72 Page 15 of 51 TABLE CAF MIXED USE LANG l1SES Page 1 of 2 P =Permitted C= Perm tied with a C U P T =Temporary, permitted by TUP =Prohibited Use RMU CIIIIU Additional Re ulations Animal hos ital C C Assemb! use C ~ Automotive re air or service Bar, ub, cocktail lounge C C Bed & breakfast P P Botanical arden P P Cardroom C . Caretaker carters P P Carwash C Caterin service C C Check cashn service P C ar loon e 1 Hookah bar C C Communt center P P Da care facilit C C Drive-thru for bank, food, harmac C Financial institution P P Food establishment P P Section 17.86.035 Fortunetellin C C Government buildin P P Gun and ammunition sales C Health, fitness or exercise club C P Home occu ation P P Hotel C Housin , ermanent: A artment unit P P Boardin house P P Condominium C C Du lex, tri lex, four- lex P P Row houseltownhouse P P Kiosk for retail sales P Section 17.134.037 Libra. p p Livelwork unit P P Massa a establishment C C . Medics! mari'uana dis ensa Cha ter 17.156 Media! Gffice P p Mortua C Museum C P Ni htclub G en air market T T Persona! service P P Professional office P P Park/ la round P P Parkin facili P P Pawn sho P/C CUP for un sales. Pet sho p Recreation facilit C C Residential care facilit C C Amended by Planning Camrnission, 3-2Q-72 Page 16 of 51 TALE CAF MIMED USE LAND USES Page 2 of 2 Use RMU CCU Adc~iti~ar~sl ~e ulations Retail sale P P Street vendor / ushcart sales Studio 1 orksho P p Swa Feet, Indoor C Swa Meet, 4utdaor Tattoo Theater ~ Thrift stare p p Other uses that the Director of Community Development finds to be P, C, P, C, in accord with the purpose ofi this T T Chapter and having characteristics or ~ or similar to those uses listed in this Table. Amended by Punning Commission, 3-2~-72 Page 17 of 51 Glossary 1 Definitions of Fixed Use Viand Uses Page 1 of 8 Animal hospital. A place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care. Apartment unit. tine or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwellin unit not owned in fee sim le. g p Assembly use, A meeting, recreational, or social facility of aprivate ornon- pro~t organization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, and youth centers, and "Places of Religious Assembly or Institution" as defined in Section 11.08.180 abut not including schools as defined in Section 17.08.190. Automotive repair or service, including fire stores -A facility providing re air p services to automobiles, trucks, or motorcycles, ~nclud~ng the sale and mounting of tires. Bar. An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consum tion of li uor. p g Includes pub, tavern, cocktail lounge. Bed & .Breakfast residence. A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable Count y Health Department regulations, and no provision for cooking ~n any individual room is made. More than six. guest rooms shall be considered a hotel. Boardinghouse. A building or portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis. Botanical garden or arboretum. A public or rivate facili for the p tY demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. Cardroom. An establishment duly licensed pursuant to Chapter 5.44 of the Lake Elsinore Municipal Code containing tables and other similar conveniences for card playing and the playing of such games as may be permitted under the provisions of Section 330 of the Penal Cade of the State of California. Caretaker quarters. A permanent residence that is provided as an accesso . ~ use to anon-residential use, used as a residence for a caretaker and family for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site. Amended by Planning Cammissian, 3-20-72 Page 18 of 51 Glossary l Definitions of fixed Use Land Uses Page2of car wash. A permanent, self-service or full service establishment that provides facilities for car washing. Catering service. A business that prepares food for consumption off-premises. Check cashing service. A place of business where one can cash a check for a fee. Cigar lounge. An establishment where patrons may purchase and smoke cigars, upon written clearance from the State of Galifarnia Department of Health, Condominium. A building in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional basis, as generally described in Section 783 of the California Civil Code. Day care facility, A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment. Day care, large family. The use of a residential dwellin unit and the lot u on . g p which ~t is located for the daytime care of seven to twelve children or elderly adults including any children or elderly adults who normal) reside on the Y . premises. Day care, small family. The use of a residential dwelling unit and the lot upon which it is located far the daytime care of six or fewer children or elderly adults including those who reside at the home. Duplex. A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending Pram ground to roof, or an unpierced ceiling and floor Bending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance. Financial institution. A facility offering financial services such as a bank, credit union, savings & loan, or finance company. Amended by Planning Commission, 3-2d-~2 Page 19 of 51 Glossary /Definitions of Mixed Use Land Uses Page 3 of ~ Food establishments. The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery retail sales only}, candy, coffee, ice cream, health food, cafe, restaurant. Fortunetelling. A business wherein the teNing of fortunes, forecastin of future g events, or furn~sh~ng of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenolo , gY tea leaves, augury, astrology, palm~stry,handwr~ting analysis, telepathy, card reading,. crystal gazing or magic of any kind or nature. Government facility. Any facility owned and operated by City, count , State or Y federal governments, regardless of the use. Gun and ammunition sales. Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition. Health, fitness or exercise club. A facility, owned or operated b a car oration, Y p association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation. Home occupation. A use conducted entire) within a dwellin and carri y g ed on by the inhabitant~s~ thereof, which use is clearly incidental and seconds to the use . ry of the structure far residential purposes and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment or properky values of the neighborhood. Hookah bar. An establishment where patrons communally smoke flavored tobacco, upon written clearance from the State of California Departrment of Health. Hotel or lillotel. A building or portion thereof, or a rou of buildin s with access g p g~ through a common entrance, lobby or hallway, to seven or more uestrooms that . g are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and. "motel" may be used interchan eabl . g Y Housing, permanent. Includes apartments, condominiums, duplexes, tri lexes, p fourplexes, row houses, townhouses. Housing, temporary. A facility for transient occupancy, such as a hotel, or a bed & breakfast residence. Kiosk for retail sales. Any portable, non-motorized, non-wheeled, semi- permanentstructure used for the sale of retail goods, food, andlor bevera es g~ and licensed by the City. Amended by Planning Commission, 3-20-72 Page 20 of 51 Glossary 1 Ue~nitians of Mixed Use Land uses Page 4 of Library. A public, quasi-public orprivately-owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials. Livel~~lork unit. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Massage establishment. Any fixed place of business where any individual, firm, association, partnership, ar corporation engages in, conducts, or permits massages or health treatments involving massage on the premises. Medical marijuana dispensary. A facility where medical marijuana is provided to a qualified patient, a person with an identification card, or to a qualified, primary caregiver, all of whom are defined in the Galifarnia Health and Safety Gode Sections 11362.5 and 11362.? et.seq. as such sections may be amended from time to time. Medical Office. An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7 a.m. until 1o p.m. Mixed Use District. A zoning district that allows development on a single parcel, or on adjacent parcels, that confains different land uses (e.g., residential, commercial, professional office, civic, or recreation) that are complementary to each other. Mixed Use Horizontal Development. Development that combines two or more types of land uses (e. g., residential, commercial, professional office, civic, or recreation) on a single development site, but not necessarr'ly in the same building. Typically nonresidential uses are located ad'acent to the street and 1 residential uses are located away from major streets behind nonresidential uses. Mixed Use verticai Qeveiopmenf. Development that combines two or more types of land uses Vie. g., residential, commercial, professional office, civic, ar recreation} in a single building in a vertical configuration, typically with residential uses located above nonresidential uses. Museum. A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessary use. Amended by Planning Commission, 3-20-12 Page 21 of 51 Glossary 1 definitions of Fixed Use Land Uses Page~of l~ightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment ar permitted. Inc#udes discotheques and dance halls. open air market. An establishment for the sale of fresh agricultural produce and related products, and licensed by the City. Park. Anon-commercial public outdoor recreational area that provides active or passive activities, Includes playgrounds. Parking facility. An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business. Pawn shop. An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission. Personal service. An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, Laundromat, small appliance repair household, television, stereo system, computer}, watch & jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental office only), computer rental, cyber cafe, package, postal and mailbox service. Pet shop. An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals are permitted. Pharmacy - An establishment where medications are dispensed by licensed pharmacists. Professional office. An office used by persons who provide services that require a state license or certificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator but does not include a veterinary office or kennel, nor any adult-oriented business. Recreation facility. An establishment that provides entertainment activities or services far a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor pa center . ~Y Amended by Planning Commission, 3-20-12 Page 22 of 51 Glossary I Definitions of mixed Use Land Uses Page~af~ Residential care facility. In accordance with Section 1502 of the Health and Safety Code, any family home, group care facility or similar establishment for 24- hournon-medical care of persons in need of personal services, su envision, or p assistance essential for sustaining the activities of daily living or for the protection of the individual. Retail sale. The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit & gallery, sporting goods, bicycle and bicycle rental, toy, music store 4including sale of instruments, records, tapes}, vehicle parts excluding repair and service, antiques. Street vendor. A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license. Studio 1 Workshop. A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, marshal arts, cooking. Swap Meet. A building indoor} or outdoor area in which stalls or sales areas are set aside, rented or otherwise provided, which are used by unrelated individuals to sell, trade, exchange, or place on consignment, or swap articles that are either new, homemade, homegrown, old, antique, or obsolete. Includes flea market or farmers' market. Tattoo. An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sherifi~s Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and troll c at the site. Theatre. A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances. Thrift store. A far prole or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise. Wireless telecommunications facility. A facility that radiates or receives commercial cellular communications service and/or data radio signals tolfrom ground-mounted, building-mounted orstructure-mounted poles, towers or antenna. ~4mended by Planning Commission, 3-20-72 Page 23 of 51 EXHIBITB 11.86.036 Standards for Eating and Drinking Establishments and Sidewalk Dafs. A. Eating and drinking establishments and sidewalk cafes may operate between the hours of 5:0o a.m. and 11:00 p.m. B. A sidewalk cafe within the public right-af-way maybe permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafie must maintain a clear path of travel free of obstructions that impede the filow of pedestrian traffic. C. I'~o outdoor establishment shall operate musical instruments or sound reproduction devices unless a Conditional Use Permit is approved enabling and controlling such operation. D. The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture. 11.86.040 Minimum Lot Areas. A. For a project with only residential uses, the minimum lot area required for each dwelling unit is 2,42o square fleet of net lot area per unit, with a maximum density of 18 dwelling units per acre. B. For a mixed use horizontal development, the minimum lot area required for each dwelling unit is 1.,815 square feet of net lot area per unit, with a maximum residential density of 24 dwelling units per acre. C. To determine the. maximum number ofi dwelling units allowed for a mixed use horizontal development, divide the total net lot area by the required lot area for each unit. Thee resultant number shall be rounded down to the nearest whole number. D. For a mixed use vertical development, the maximum residential density is 24 dwelling units per acre. ~ 7.86.050 Minimum a~veiling Unit Size A. The minimum dwelling unit size for mixed use vertical development, exclusive of any balcony or patio area, is as follows: Bachelor dwelling units (sleeping quarters within the living room area: 45o square feet. 2. Qne-bedroom dwelling units: 6C~0 square feet. 3. Two-bedroom dwelling units or larger: l00 square feet plus ~ 00 square feet for each additional bedroom. Amended by Planning Commission, 3-20-12 Page 24 0~ EXHIBIT B 1?'.88.06~ Density Bonus: Up to a maximum 35 dwellings per acre. A. As an incentive program to protect and enhance the environment, create valuable public amenities, and encourage improved public health, a density bonus ~rhich could permit residential development tc~ a maximum density of 35 dwellings per acre in accordance with the City's Housing Element may be requested by those developers who design a praject with eligible amenities or improvements. The City shall not be obligated to approve a density bonus solely because a praject includes one or more eligible amenities or improvements. B. Eligible amenities or improvements include the provision af: 1} Affordable or Senior Housing units onsite, as specified in Chapter 17.58 Density Bonuses of the LEMC. 2} Public urban open space onsite ~e.g., a public park or plaza} that benefits and is accessible to the surrounding neighborhood. The amenity shall include landscaping, outdoor furniture, and active or passive recreational features that contribute to the life of the community. The amenity shall be clearly defined and shall provide views into the public space. 3} Telecammuting Center/Business Incubator Center onsite, providing shared office equipment and staffing. 4} Green rooftops designed and landscaped to reduce energy consumption within the buildings while providing open space and recreational areas. Documentation must be provided that confirm roof construction supports the plantings, soil and retained water. other Green Building techniques that advance the strategies and objectives of the Climate Action Plan beyond the minimum requirements of the project may be considered. 5} Childcare facilities provided onsite, as specified in Chapter 17.58 Density Bonuses of the LEC. 6} Exceptional architecture that restores the historic significance of the neighborhood. 7} Project is located within 1,500 feet from a regular bus stop or rapid transit system stop, which is easily accessible from the project site. 8} Project site is located within a quarter mile from a public park ar community center, or from a prescription pharmacy, which is easily accessible from the project site. 9} Project site is located within a half mile from public school grounds ar facilities, orfrom afull.-service grocery stare, or from a medical clinic or hospital, which is easily accessible from the project site. 14} The project site is an aggregate of disparate parcels. Amended by Planning Commission, 3-20-~2 Page 25 of 51 EXHIBIT B C. CCRs shall be recorded on the property providing for ongoing maintenance of the amenities for the life of the project. 17.86.070 Parking in the RMU District A. Nooff-street parking is required for non-residential uses unless the use exceeds 3,000 square feet of gross floor area in which case one ~1) off-street parking space is required for every 250 square feet beyond 3,000 square feet. In places of assembly, one ~1 } off- street parking space is required for every 21 square feet of floor area in accordance with Chapter 17.148 -Parking Requirements of the 1.EMC. B. Residential uses shall comply with Chapter 17.148, Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a Design Review or Conditional Use Permit application, provided a Parking Study supports the Ending that the number of parking spaces actually needed for a specific project is less than that required by Code. C. Tandem parking may be allowed for residential uses with the approval of the Director of Community Development. 17.86.080 Design Review in the RU District A. No grading or building permit shall be issued for the development of a project in the RMU zone until the developer has filed an application for Design Review, or a Conditional Use Permit that includes a Design Review, reviewed by all City Departments and approved by the City Planning Commission. B. The Design Review approval shall expire after two years unless a building permit has been issued for the project, or the a licant has 1 pp filed a request for aone-year extension of time prior to expiration. The applicant may file additional requests for one-year extensions of time, however, the expiration of a Design Review approval shall not be extended beyond a total of three ~3~ additional years. All requests for extension are subject to review and approval by the Director of Community Development. C. A Design Review that accompanies a Conditional Use Permit is subject to the same limitations as the Conditional Use Permit, in accordance with Section 17.88.080. D. D. A Conditional Use Permit approval shall lapse and become void after one year unless a building permit has been issued for the project and construction has commenced and diligently pursued toward completion, in accordance with Chapter 1 ?.168 of the L.EMC. Amended by Planning Commission, 3-20-72 Page 26 of 51 EXHIBIT B E. Any alteration or modification of an approved project or its conditions of approval shall require the wrien request by the applicant and written approval by the Director of Community Development. F. If anon-residential use is proposed within a building, its floor area shall comprise no more than 2~-30% of the total building square footage. If anon-residential use is proposed on the same site as the residential project, its footprint shall comprise no more than 20- 30°l0 of the total acreage on the parcel. 1?.86.a9o lake Elsinore Municipal Cade References. tNhere this chapter is silent, the following chapters or portions thereof in the LEMC shall apply: 1. Definitions Ch 17.08 2. Residential Development Standards Ch 17.44 3. Home occupation Regulations Ch 17.48 4. Condominiums & Condominium Conversions Ch 17.88 5. Non-Residential Standards Ch 17.112 6. Parking Requirements Ch 17.148 1. General Regulations Ch 17.152 8. Medical Marijuana Dispensaries Ch 17.156 9. Adult Business Regulations Ch 17.160 10. Nonconforming Uses Ch 17.164 11. Conditional Use Permits Ch 17.168 12. Variances Ch 17.172 13. Noise Control Ch 17.176 14. Administration-Planning Commission & City Council Ch 17.180 15. Design Review Ch 17.184 16. Amendments Ch 17.188 17. Hearings Ch 17.192 18. Signs-Advertising Structures Ch 17.196 19. Temporary Uses Ch 17.200 17.8fi.1o0 Mixed Use Development Matrix Amended by Planning Commission, 3-2D-~2 Page 27 of 51 ' ~ ` I ! i ~ ~ ~ E 1 i ~I ~1+J 3 I 1 i ; ~ ' j ~ C ~ i ! ~ I ~ € ~ ~ i k J ( l i ( ~ ~ ~ ~ i ~ ~ { ~ ~ f ! ~ ~ 1 { 4 i ~ Q3 Qi Q ~ I ~ r ~ ~ ( 111 i~ # 1 I ~C;c~l~ { f I j f I I I L ~ 1 1 ~ E ~ f I i~~ I~ ~ ` E I 1 ~ I I~ a( ~ ~ IU~3~~ ! ~ ~ ~ i 'n ' vJ N c~ c ~ c~ ~ I + ~ ~ ~ o I q~NN p~U N ~ r`'' 4". X U O to ~ ~ N tU ~ N C C ~ ~3 t''~ ~ C t~ 'O 'C3 ~ ~ tU C U pL~v ~~N O CL ftS O 4 a ~ ~ ~ ~ c ts~ ~ ~ c C j ° ~ Q ~ ~ ~ ~ ~ c~ stn ~ ~ ~ D tCf .J ~ il. ~ t~ :C ~ ~ tU _ >cnSSZ a. 0 ~ ~ ~ ~ ~ U i C ~ I N ro ~ ~ ~ N ~ CZ. ~ o o ~ ~ c a~ 4? ~ p ~ it Q Q ~ ~ 't3 Q; A r-r~ Z r~-Z C N Q ~ N ~ N ~ ~ ~S M ~ ~ ~ ~ ~ C ~ 4~ 00~' tj O ~ ~ U U n Uh tq Z ~4Z O ~ ~ ~ C .C ~ ~ ~ ~ ~ ~ ~ - ~ c ~ ~ ~ ~ t!3 C u. ~ ~ y N ~ t~ N U ~ ~~Q ~_4. ~ ~ ti N ~ Q Page 28 of 51 EXHIBIT C Chapter 1?.134 CMU CaMERClAL llXED-USE DlSTRlCT Sections: 010 Purpose. 020 Table of Mixed Use Land Uses. 030 Glossary /Definitions of fixed Use Land Uses. 035 Standards for Eating and Drinking Establishments and Sidewalk Cafes. 037 Standards for Kiosk Retail Sales 040 Minimum Lot Area 050 Minimum Dwelling Unit Size 060 Reserved 070 Parking in the CMU 080 Design Review in the CMU 000 Lake Elsinore Municipal Code References 100 Mixed Use Development Matrix 17.134.010 Purpose. The intent of the CMU District is to accommodate a development opportunity that offers a mix of land uses in a compact, high quality, pedestrian- friendly, interactive pattern. Commercial mixed-use districts are characterized by interconnected streets, wide sidewalks, outdoor public spaces and activities. . 17.134.020 Table of Land Uses and Glossary / De~rnitions. P =Permitted use. C =Use subject to a Conditional Use Permit. T =Temporary use permitted with a Temporary Use Permit. Prohibited use in the zone. For properties within the Downtown Master Plan, Section 1.4 Detailed Land Use Matrix of the Downtown Cade supersedes this Chapter. In the Downtown Master Plan, land uses are specific to the Garden District, Historic District, Cultural District and Waterfront District as defined by the Downtown Master Plan. Amended by the Planning Commission, 3-2Q-72 Page 29 of 51 TABLE OF MIXED USE LAND USES Page 1 of 2 P =Permitted C =Permitted with a CUP T =Temporary,. permitted by TUP =Prohibited Use RIVIU CIU Additional Re ulations Animal hos ital C C Assembl use C C Automotive re air or service Bar, ub, cocktail loon e C C Bed & breakfast P P Botanical arden P P Cardroom C Caretaker carters P P Carwash C Catern .service C C Check cashin service P Ci ar loon e /Hookah bar C C Communit center P P Da care facilit C C Drive-thru for bank, food, harmac C Financial institution P P Food establishment P P Section 17.86.035 Fortunetellin C C Government buildin P P Gun and ammunition sales C Health, fitness or exercise club C P Home occc ation P P Hole! C Housin , ermanent: A artment unit P P Boardin house P P Condominium C C Du lex, tri lex, four- !ex P P Row hocseltownhouse P P Kiosk for retail sales P Section 17.134.037 Libra P P Live/work unit P P Massa a establishment C C Medical mari'uana dis ensa Cha ter 17.156 Medical Office P P Mortua C Museum C P Ni htclub O en air market T T Persona! service P P Professions! office P P Park! !a round P P Parkin facili P P Pawn sho P/C CUP for gun sales. Pet sho P Recreation facilit C C Residential care facili C C Amended by Planning Commission, 3-20-~2 Page 30 of 51 TABLE OF MIXED USE LAND USES Page 2 Of 2 Use RIU CCU Addtic~na~l Re ulatons Retail sale P P Street vendor l ushcart sales Studio I Worksho P P Swa Meet, Indoor C Sera Meet, Outdoor Tattoo C Theater C Thrift store P P Other uses that the Director of Community Development finds to be P, C, P, C, in accord with the purpose of this T T Chapter and having characteristics or ~ or similar to those uses listed in this Table. Amended by Planning Commission, 3-2g-72 Page 31 of 51 Glossary / Definitions of Mixed Use Land Uses Page 1 of 6 Animal hospital. A place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care. Apartment unit. One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit not owned in fee simple. Assembly use. A meeting, recreational, or social facility of a private or non- profitorganization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, and youth centers, and "Places of Religious Assembly or institution" as defined in Section 17.48.144 (but not including schools as defined in Section 17.48.190). Automotive repair or service, including tits stores -A facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires. Bar. An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. includes pub, tavern, cocktail lounge. Bed & Breakfast residence. A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health ©epartment regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel. Boardinghouse. A buiiding or portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis. Botanical garden or arboretum. A public or private facility forthe demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. Cardroom. An establishment duly licensed pursuant to Chapter 5.44 of the Lake Elsinore Municipal Code containing tables and other similar conveniences for card playing and the playing of such. games as maybe permi#ted under the provisions of Section 334 of the Penal Code of the State of California. Caretaker quarters. A permanent residence that is provided as an accessory use to anon-residential use, used as a residence for a caretaker and family for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site. Amended by Planning Commission, 3-20-72 Page 32 of 51 glossary 1 Def nitions of Fixed Use Viand Uses Page 2 of Car wash. A permanent, self-service or full service establishment that provides facilities for car washing. Catering service. A business that prepares food for consumption off premises.. Check cashing service. A place of business where one can cash a check for a fee. Cigar lounge. An establishment where patrons may purchase and smoke cigars, upon written clearance from the State of California Deparkment of Health. Condominium. A building in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional basis, as generally described in Section 783 of the California Civil Code. Day care facility. A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home, and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment. Day care, large family. The use of a residential dwelling unit and the lot upon which it is located for the daytime care of seven to twelve children or elderly adults including any children or elderly adults who normally reside on the premises. Day care, small family. The use of a residential dwelling unit and the lot upon. which it is located for the daytime care of six or fewer children or elderly adults including those who reside at the home. Duplex. A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance. Financial institution. A facility offering financial services such as a bank, credit union, savings & loan, or finance company. Amended b y Planning Commission, 3-2g- ~ 2 Page 33 of 51 Glossary 1 Def nitions of Mixed Use Land Uses Page 3 of 6 Food establishment. The serving of food anal beverages to patrons for compensation, including deli, sandwich, bakery retail sales only}, candy, coffee, ice cream, health food, cafe, restaurant. Fortunetelling. A business wherein the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to, clairvoyance, claraudience, cartomancy, psychometry, phrenology, tea leaves, augury, astrology, palmistry,handwritingamlysis, telepathy, card reading,, crystal gazing or magic of any kind or nature. Government facility. Any facility owned and operated by City, county, State or federal governments, regardless of the use. Gun and ammunition sales. Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition. Health, fitness ar exercise club. A facility, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation. Home occupation. A use conducted entirely within a dwelling and carried on by the inhabitant4s} thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not alter the character thereof. gy its very nature and scope the use does not adversely affect the activities, enjoyment or property values of the neighborhood. Hookah bar. An establishment where patrons communally smoke flavored tobacco, upon written clearance from the State of California Departrment of Health. Hotel ar Motel. A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guestrooms that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and "motel" may be used interchangeably. Housing, permanent. Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses. Housing, temporary. A facility for transient occupancy, such as a hotel, or a bed & breakfast residence. Kiosk far retail sales. Any portable, non-motorized, non-wheeled, semi- permanentstructure used for the sale of retail goods, food, and/or beverages, and licensed by the City. Amended by Planning Commission, 3-2U-~2 Page 34 of 51 Glossary 1 Definitions of Fixed Use land Uses Page 4 of 6 Library. A public, quasi-public orprivately-owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials. live~Nork unit. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Massage establishment. Any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage on the premises.. Medical marijuana dispensary. A facility where medical marijuana is provided to a qualified patient, a person with an identification card, ar to a qualified, primary caregiver, all of whom are defined in the California Health and Safety Code Sections 11342.5 and 11362.? et.seq. as such sections may be amended from time to time. Medical Gffice. An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7 a.m. until 14 p.m. Mixed Use District. A zoning district that allows development on a single parcel, or on adjacent parcels, that contains different land uses (e.g., residential, commercial, professional office, civic, or recreation) that are complementary to each other. Mixed Use Horizontal Development. Development that combines two or more types of land uses (e. g., residential, commercial, professional office, civic, or recreation) on a single development site, but not necessarily in the same building. Typically nonresidential uses are located adjacent to the street and residential uses are located away from major streets behind nonresidential uses. Mixed Use Vertical Development. Development that combines two or more types of land uses (e. g., residential, commercial, professional office, civic, or recreation) in a single building in a vertical configuration, typically with residential uses located above nonresidential uses. Museum. A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public far viewing. The sale of goods to the public as gifts may be included as an accessory use. Amended by Planning Commission, 3-24-72 Page 35 of 51 Glossary /Definitions of fixed Use land Uses Page 5 of 6 Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment ar permitted. Includes discotheques and dance halls. Open air market. An establishment for the sale of fresh agricultural produce and related products, and licensed by the City. Park. Anon-commercial public outdoor recreational area that provides active or passive activities. Includes playgrounds. Parking facility. An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business. Pawn shop. An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission. Personal service. An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, Laundromat, small appliance repair household, television, stereo system, computer), watch & jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental office only}, computer rental, cyber cafe, package, postal and mailbox service. Pet shop. An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United Mates or are wild by nature. No boarding of animals are permitted. Pharmacy - An establishment where medications are dispensed by licensed pharmacists. Professional ofi~ice. An office used by persons who provide services that require a state license or cerkificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business. Recreation facility. An establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor party center . Amended by Planning Commission, 3-20-92 Page 36 of 51 Glossary 1 Definitions of fixed Use Land Uses Page ~ of 6 Residential Dare facility. In accordance with Section 1 ~g2 of the Health and Safety Code, any family home, group care facility or similar establishment for 24- hournon-medical care of persons in need of personal services, supervisron, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Retail sale. Thee selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit & gallery, sporting goods, bicycle and bicycle rental, toy, music store including sale of instruments, records, tapes}, vehicle parts (excluding repair and service}, antiques. Street vendor. A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license. Studio t workshop. A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, marshal arts, cooking. Swap Meet. A building (indoor} or outdoor area in which stalls or sales areas are set aside, rented or otherwise provided, which are used by unrelated individuals to sell, trade, exchange, or place on consignment, ar swap articles that are ei#her new, homemade, homegrown, old, antique, or obsolete. Includes flea market or farmers' market. Tattoo. An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sheriff s Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site. Theatre. A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances. Thrift store. A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise. wireless telecommunications facility. A facility that radiates or receives commercial cellular communications service andlor data radio signals tolfrom ground-mounted, building-mounted orstructure-mounted poles, towers or antenna. Amended by Planning Commission, 3-2(~-72 Page 37 of 51 EXHIBIT ~ 17.1 ~4.o3a Sfi~ndards fc~r Eating and Qrinking Esfia~lshmenta and Sidewalk Cafes. A. Eating and drinking establishments and sidewalk cafes may operate between the hours of 5:0o a.m. and 1 ~ :ofl p.m. B. A sidewalk cafe within the public right-af way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic. No outdoor establishment shall operate musical instruments ar sound reproduction devices unless a Conditional Use Permit is approved enabling and controlling such operation. D. The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture. 17.134.03 Standards for Kiosk retail sales A. A kiosk may be permitted on private property within a defined plaza area and between buildings that are part of a professional office, commercial ormixed-use development. B. A kiosk generally should not exceed five ~5} feet in width, nine ~9} feet in length, and no mare than six (6) feet in height excluding canopies, umbrellas or transparent enclosures. Deviations in size may be approved by the Director of Community Development on a case-by-case basis upon consideration of the uniqueness of the site or user circumstances. C. The kiosk shall not obstruct access to ar occupy a parking space, obstruct access to a parked vehicle, impede the delivery of materials to adjoining property, interfere with access to public propel or any adjoining property, or interfere with maintenance or use of street f u rn itu re. D. Thee number of employees per individual kiosk shall be limited to two persons at any one time. E. All kiosks shall be self-contained or located an a site that has been specifically designed to provide water, waste and paver to operate the kiosk. No exposed pipes or wires are permitted. F. The design, solar scheme and signage of the kiosk shall be appropriate to its location. G. All packaging containers or boxes shall be stored within the kiosk. H. The sale of alcoholic beverages shall be prohibited. 1. The kiosk owner shall have a valid City business license. Amended by the Planning Commission, 3-2~-' 2 Page 38 of 51 EXHIBIT C 17.134.040 Minimum Lc~# Area. A. For a mixed use horizontal development, the minimum lot area required for each dwelling unit is 1,$15 squares feet of net !ot area per unit, with a maximum residential density of 24 dwelling units per acre.. B. To determine the maximum number of dwelling units allowed fora mixed use horizontal development, divide the total net lot area by the required lot area for each unit. The resultant number shall be rounded down to the nearest whole number. C. For a mixed use vertica! development, the maximum residential density is 24 dwelling units per acre. 17. ~34.D50 Minimum Dwelling unit Sipe A. The minimum dwelling unit size for mixed use vertical development, exclusive of any balcony or patio area, is as follows: 7. Bachelor dwelling units sleeping quarters within the living room area}: 45o square feet. 2. Qne-bedroom d welling units: 64~ square feet. 3. Two-bedroom dwelling units or larger. 700 square feet plus 1Oa square feet for each additional bedroom. '17.134.470 Parking in th+~ C~IU District A. No off-street parking is required for non-residential uses unless the use exceeds 3,000 square feet of gross floor area in which case one ~1 }off-street parking space is required for every 250 square feet beyond 3,OO0 square feet. In places of assembly, one (1 } off- street parking space is required for every 21 square feet of floor area in accordance with Chapter 17.148 -Parking Requirements of the LE~C. B. Residential uses shall comply with Chapter 17.148, Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a Design Review or Conditional Use Permit application, provided a Parking Study supports the finding that the number of parking spaces actually needed for a specific project is less than that required by Code. C. Tandem parking may be allowed for residential uses with the approval of the Director of Community Development. 11.134.080 Design Review in the CMU District A. No grading or building permi# shall be issued for the development of a project in the RU zone until the developer has filed an Amended b y the Planning Commission, 3-2D- ~ 2 Page 39 of 51 EXHIBIT C application for Design Review, or a Conditional Use Permit that includes a Design Review, reviewed by all City Departments and approved by the City Planning Commission. B. The Design Review approval shall expire after ~o years unless a building permit has been issued for the project, or the applicant has filed a request far aone-year extension of time prior to expiration. The applicant may file additional requests for one-year extensions of time, however, the expiration of a Design Review approval shall not be extended beyond a total of three ~3} additional years. All requests for extension are subject to review and approval by the Director of Community Development. C. A Design Review that accompanies a Conditional Use Permit is subject to the same limitations as the Conditional Use Permit, in accordance with Section 1 ?.134.684. D. D. Conditional Use Permit approval shall lapse and became void after one year unless a building permit has been issued for the project and construction has commenced and diligently pursued toward completion, in accordance with Chapter 1?.168 of the LEMC. E. Any alteration or modification of an approved project or its conditions of approval shall require the written request by the applicant and written approval by the Director of Community Development. F. Fifty percent (54%) ar more of the project's grass floor area shall be devoted to commercial uses within the CMU zone. G. Access to residential units shall be provided separately from commercial uses, in an enclosed and locked foyer. Buildings requiring an elevator access to residential units, shall provide the elevator in a locked foyer on the ground floor. H. Adequate internal and external lighting shall be provided for security purposes. Lighting shall be energy efficient, stationary, downcast, and deflected away from residential units, adjacent properties and public-rights-of-way. A lighting plan shall accompany the Design Review or Conditional Use Permit application to ensure that na light conflicts with adjacent residential uses, and that safety is addressed in all areas of the project. 17.134.O~o Lake Elsinore ~lunici~al Code References. vUhere this chapter is silent, the following chapters or portions thereof in the LEMC shall apply: 1. Definitions Ch 17.Q8 2. Residential Development Standards Ch ~ 1.44 3. Home occupation Regulations Ch 17.48 4. Condominiums & Condominium Conversions Ch 17.88 5. Non-Residential standards Ch 17.112 6. Parking Requirements Ch 17.148 7. Medical Marijuana Dispensaries Ch 17.158 8. Nonconforming Uses Ch 17.164 Amended by the Planning C©mmission, 3-20-12 Page 40 of 51 EXHIBIT C 9. Conditional Use Permits Ch 17.188 10. variances Ch 17.172 11. Noise Control Ch 17.178 12. Administration-Planning Commission & City Council Ch 17.180 13. design review Ch 17.184 14. Amendments Ch 17.188 15. Hearings Ch 17.192 16. Signs-Advertising Structures Ch 17.198 17. Temporary Uses Ch 17.290 1 ?.134.100 Mixed Use Development Matrix Amended by the Planning Commission, 3-20-12 Page 41 of ~1 ~ i i s C i f l! i t _ ! ' t33: tC~C'N ~ ~ ' I I i i ' ~iL 41 tt3 ' ~ ~ ~'2.! i1 _ ~ ~ _ _ _T_ ~ i , I N r-- ~ 'I 1 ! ' i ! ( ' i L.L. ! i t i 3 j i i I ~ i i ~ r ~ i ; j ; ~ I Ct~~ j ~ i ~ E I i i j I ~ U i I ~ ~ i i I~ ~ I f i ' ' , t i ~ ,i,,, ,i,,, ; , ; ( ~ ~ ~ ' (jJ j 4 j I ~ r q+ I ~ v~ ! ~ ~ ~ ~ i i I ~ ' I ' I W W' , i I I ' ( I i I _i j ~ f t i 1 ~t ~ i ~ ! r W( ~ ~ I i ~ ' 1 I i I i I 1 i! I~ ice; ~A, f i j ~ i ( I f ~ ~I~' ' ( I~ i i W ~ i ( I I ~ ~ 1 Ck ! I ~i ~t ~ ! i I l I ! ~ ~ i ~ ~ i _,y~i r i i~~ i L-i ~ r I I I i i ~ ~ ' t i s I + € f Ci C' ~ ! ;~I~( Imo; f j j ~ i ! ! ( ~ ~ i ~j ~I ~ Cj I ( ~ I i I ~ f i i ~ ! i i i I ~ I r• Q- ~ I j I i ~ j I ; i i I ~I ' ! r i ! j i I~ I! I I~~~IN' ~ !~INi~i ~ U! ~ I ~ i I i i ~ I i I ~ ~ ~ ~r i ~ I ~ i ~ I ( VJ. 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M~i' i ( ! j i f t ~ I I 1 s E ~ k I n,~~ ~ 4 ` ~"r I I I I j ~ i I i 7 I ~ f I ~ i !i! ♦ i ! I ~..i ( I i (}t ~ 4 I I i i i i I i 7 ~ j i ~ 1V ~~ic~ ! I~€ ~ I~ ~~Lk ~ jai 4 ~ r ~+I f•~ i~ I ~ [ I I ; '~I ~I ! i ,Q~ j ~ ~vl~''I i .Ci I I i I ~ ~ V)3.C3 t~fl ( ~ i ! { I ~o° ~ ~~'~=al ~.~~UI ' ~ fC ;CI ! o;~,l col ; ''t,;3 d? I ~ ' I i ' I i ~ I .~2 ~ ! ; ~ , t3~~ ~C ~ ~ ~ ; N j ; i i 43 ~ N ~ l4~ i ~ ~ N~ m~ E E)(N ~ j N~ N~ ttf ~ ~ Q i U I o~ i ~ Page 42 of 51 CITY of LAKE ELSINGRE PLANNING CC3MMISSIGN REGULAR MEETING MINUTES QF MARCH 20, 2012 CALL To +QRDER Chairperson Jordan called the meeting to order at 6:00 p.m. PLEDGE tJF ALLEGIANCE Commissioner Blake led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Blake Commissioner Gonzales Commissioner Morsch Absent: None Also present: Planning Manager Morelion, Public Works Director Seumalo, City Attorney leibold, Planning Consultant Donahoe, Planning Consultant MacHott, and office Specialist Herrington. PUBLIC COMMENTS - NGN AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALEND~►R ITEM~S1 1. ApprQVal of Planning Commission Minutes Recommendation: Approve the following Minutes}: • March 6, 2012 Motion by Vice Chairperson O'Neal, seconded by Commissioner Morsch, to approve the Planning Commission Minutes of March 6, 2012; Motion passed by 5-0 vote. PUBLIC HEARING ITEM(S~ 2. Amendment to the City of lake Elsinore Muncipa Code, Title 17 - ~~~I~I~1~1~1~.1~1~~111.11.~ I I Zoning, Amending Chapter 17.08 - Definitions, and Adding Chapter 17.86 Page 43 of 51 City of lake Elsinore Planning Commission Regular Meeting Minutes of March 20, 2012 Page 2 of 12 - RMU Residential Mixed-Use District and Chapter 17.134 - CMU Commercial Mixed-Use District Recommendation: Staff recommends that the Planning Commission take the fallowing action: Approve a resolution recommending to the City Council approval of the Amendment to the Lake Elsinore Municipal Code, Title 17 -Zoning, amending Chapter 17.08 -Definitions, and adding Chapter 17.86 -RMU Residential Mixed-Use District and Chapter 17.134 - CMU Commercial Mixed-Use District. Planning Consultant Donahoe presented the Staff Reportl Commissioner Gonzales stated that he is concerned about second hand smoke from the Cigar LaungelHookah Bar and it should be ::prohibited for the mixed use. Planning Consultant Donahoe stated that in speaking with the Cify's Building Official, there are regulations far Cigar Lounges and ~lookah Bars which are regulated by State Laws and the dissemination of smoke is one of the items that they are prohibited from doing. City Attorney Leibold stated that because it is conditionally permitted, the Commission reviews and approves every facility on a case by case basis, therefore, smoke dissemination might be one of the provisions for denial in the future. Commissioner Marsch requested that a condition be imposed that no smoke leave the airspace of the Cigar LoungelHooka Bar and noted that he doesn't think that the use should be denied. Ne asked what prompted the mixed use action. Planning Consultant Donahoe stated that the City has Commercial Mixed Use and Residential Mixed Use designations on praperfiy throughout the City by way of the General Plan, and this is the first step to implement development in these zones. He also referred to Chapter 17.76.035 Standards for Eating and Drinking Esfiablishments, and with respect to sidewalk cafes, asked Public works Director Seumalo if this requires an Encroachment Permit. Director Seumalo stated yes. Commissioner Morsch asked if this is something that the City should add to the Municipal ..:Code Section or leave it up to the applicant. Planning Consultant Donahoe .referred. to Section 17.86.035b. Also, Public works Director Seumalo and City Attorney Leibold addressed his questions, referring to the Municipal Code. Commissioner Marsch asked far clarification regarding multi- story buildings as far as square footage allowance, referring to RMU Residential Mixed Use Section 1?.86.040. Planning Consultant Danahae suggested adding the word "ar" after 2,420 square feet and leave out "consistent with" so the option is "2,420 square feet or 18 dwelling units per acre". Commissioner Morsch agreed to the change, Planning Consultant Donahoe stated that she would da the same to Exhibit B as well. Commissioner Morsch discussed the density bonus, and asked who makes the decision regarding qualifying far the density bonus. Planning Consultant Donahoe explained the qualifications and noted that Page 44 of 51 City of Lake Elsinore Planning Commission Regular Meeting Minutes of March Ztl, 2012 Page 3 of 12 the Planning Commission makes the decision regarding qualifying. She noted that the City wants to encourage these types of project amenities for development to do this. Commissioner Marsch requested mare of a guideline regarding the standards for the granting of the density. Planning Manager Morelian suggested leaving it u~ to staff regarding the recommendation based on their experience with project design and cads, He said the review should be done on acase-by-case basis. Commissioner Blake requested clarification of Cade Section 11.58 and how that definition addresses 17.86.064 Density Bonus. City Attorney Lebald explained that this section refers to affordable housing based on the depth of affordability and the percentage of the project that is affordable to very law or moderate income households, housing to the elderly or specific projects with childcare facilities, referring to State law. Planning Manager Morelien stated that the mixed use is a new Qrdinance, and the thought is to encourage new development and mare dense development and try and get the.: vertical-mixed use. He noted that this takes some incentives and staff will try to work it out in the design stage. Staff will do their best to get to that paint but it's up to the Commission to agree. City Attorney ~eibold stated that there is Legislative ~ discretion in terms of evaluating a project on a case-by-case basis based on those specific circumstances which are established over time. Commissioner Morsch stated that he agrees with the provision for mixed use but is concerned about parking and would like parking :structures as an integral part of the development. Planning Consultant Donahoe stated that part of the mixed use concept is that the development pra~ides services for the residents who are going to be living there. The RMU is primarily residential and there will be 20 - 30 percent commercial in the project, therefore enabling people to walk to the facilities. if the commercial development is larger and they want to cater to outside sources, then. the City requires the parking. Commissioner Morsch referred to Pasadena C~Id Town and noted that it is a great success for mixed uses and indicated that the City of Lake Elsinore has to anticipate that it will have outsiders coming in and they need a place to park. He requested parking structures. Commissioner Blake stated that regarding the density bonus, he was not sure of 35 vs. 30 dwelling units per acre and didn't know if 35 units are too much because the City of Lake Elsinore is a rural City. He stated that he agrees with Commissioner Gonzales regarding the Cigar Lounge being prohibited in the RMU and suggested keeping it in CMU. He had a question about the Pawn Shop and didn't know whether it was permitted, because it wasn't clear in the Mixed Use Land Use Table. Planning Consultant Donahoe stated that the Pawn Shop is permitted unless it has gun sales, and in that case would require a CUP. Commissioner Blake stated that he is concerned about an indoor SWAP meet in a CMU, due to fire hazard and health issues, and requested that it require a CUP in the commercial zone so that it is City regulated. Page 45 of 51 City of Lake Elsinore Planning Commission Regular Meeting Minutes of March 20, 2812 Page 4 of 12 Vice Chairman O'Neal stated that he does agree that Hookah Bar's second hand smoke is a problem; however, he believes that the CUP process could effectively deal with that. He asked Planning Consultant Donahoe to explain why RMUs and CMUs are a good idea and asked her to discuss Main Street and what the City envisions there. He indicated that the Ballpark would be a great place for RMU/CMU, but since downtown doesn't have live entertainment and very few restaurants; he's not sure how one invents the other and how this would get accomplished. Planning Consultant Donahoe explained why the RMUICMU is so significant, indicating that we need to decrease our reliance on automobiles; she went on to say that we need to make the living situation work with services that are nearby and are within walking distance, ar ride a bike and leave the automobile at home. Part of the Climate Action Plan was to try and implement this and have areas within the City that would enable such development to take place. She noted that the Ballpark District is a perfect example of this kind of use. She explained that the purpose of the downtown's Master Plan was to concentrate population that serve commerca businesses to make them viable, and to provide these businesses to the residents so they have a healthy living environment. Chairperson Jordan asked why the City is allowing a Cigar Lounge/Hookah Bar in RMU but not allowing a BarlPub or a Cocktail Lounge in the RMU. City Attorney Leibold stated that it relates to noise level. Bars and Pubs tend to have music, louder patrons, whereas the Cigar Lounge/Hookah Bars are a quieter use. She noted that it is up to the Commission to ..make a recommendation. Chairperson Jordan stated .that she feels they should be treated similarly and doesn't want them to be prohibited in RMU. Planning Consultant Donahoe also stated that bars, pubs, and cocktail lounges tend to stay open late and the City would have to regulate the hours of operation in the RMU project. Chairperson Jordan stated that in the definitions, there was wireless Telecommunications Facility, but ddn't.•.have it included in the Table of Mixed Use Land Uses, and asked .why it was left out. Planning Consultant Donahoe stated that they put definitions in to show .that they wire specifically omitted but indicated that they didn't want the Telecornmunicatia►n Pales in the RMU and CMU. Chairperson Jordan referred to page 1 g of 40, 17.8.090 Lake Elsinore Municipal Code Reference, and asked staff why they didn't reference any of the Commercial Districts but included .the Residential districts. Planning Consultant Donahoe agreed that they should be included. Vice Chairperson O'Neal seconded Chairperson Jordan's comments regarding allowing bars and pubs in mixed use districts and indicated that he doesn't believe in roll up sidewalks in RMU because it's part of the scene and the night life of living in those kinds of areas, Commissioner Gonzales stated that he doesn't want the Cigar LoungelHaakah Bar, and Cocktail Lounges in RMU. Chairperson Jordan didn't agree with taking the Cigar Lounge/Hookah Bars out of a RMU and feels that there are appropriate locations for it. There was more discussion between the Commissioners regarding Cigar LoungeslHookah Bars in the RMUs. Commissioner Marsh stated that he thinks that the mixed use is offering another diverse opportunity for Page 46 of 51 City of Lake ~Isinore Planning Carnmission Regular Meeting Minutes of March 24, Zg12 Page 5 of 12 an environment where people can live and indicated that this is not going to be imposed City~~ride and if you don't want to live next to a bar then you go into a residential 1 or 2 zoned property. He also asked how you can prevent smoke coming from units below in residential condominium projects. In addition, he also noted that this kind of living is not an imposition, it's an opportunity, and if you're going to build a community, expansion is inevitable. The City should offer diversity that other communities offer such as mixed use. Commissioner Blake stated that he thinks there is a difference between a bar, a pub, and a lounge, as opposed to a restaurant. He would see a restaurant that has a bar, being below an RMU which is very different than the Bar, Pub, Cocktail lounge that can be in the GMIJ. He referred t4 downtown Oceanside, San Diego, which has nice new mixed use and is a good model for the distinction between food establishments with a bar next. to it. There is a difference between noise and volume. He stated that he is concerned about the indoor SWAP meet and doesn't think they should be allowed. He has an issue with goring to 35 units per acre; he thinks it's too many people. City Attorney leibold responded to the question regarding the density bonus and explained., that in the State's Density Bonus Law, addressing only the Affordable Housingj, Senior Housing and Childcare Facilities, the calculation is such that- it does mandate that the City provide a maximum of 35% density bonus, if specific conditions are met. City Attorney leibold suggested summarizing the issues that have been raised, specifically, Cigar LoungeslNooka Bars, Pubs, and SWAP meets and have a separate motion. If the majority can agree on whatever the motion is then that moves forward as the recommendation to the City council. Planning Consultant Donahoe stated that she reviewed the following changes based upon what the Gommission requested and will be part of the Motion. Section Q4© of both 11.86 and 1.7.134, Section A & B and Section A in Gommercial; change the way the language is written. Also, in the last Section .6g0, references to Commercial Sections of the City's existing Code will be added and in the same Section under Commercial.., Residential Standards will be added to that. In the Matrix; add the street frontage at 1Q feet and the coverage at 50 percent or greater for Gommercial and 76 to 86 percent or greater for Residential. Gommissioner Blake requested moving the indoor SWAP meet from permitted to a Gl1P. Ghairperson Jordan, Gommissioner Gonzales, and Commission Morsch had no objection to this. Vice Chairperson O'Neal stated that his only objection to requesting a GUP is that it becomes an expensive proposition for people, and asked how the cost is determined. Planning Manager Morelion reviewed the costs that the Gity charges for CUPS. Vice Ghairperson O'Neal stated that he has no objections to Commissioner Blake's request. Page 47 of 51 City of Lake Elsinore Planning Carnmissian Regular Meeting M in utes of March Zg, 2{~ 12 Page6af12 motion was made by Chairperson Jordan, seconded by Vice Chairperson O'Neal to include Bar, Pub, and Cocktail lounge in the RMU as a CUP, and to leave the Cigar LoungelNoaka Bar as is; Motion passed 3-2. Madan was made by Commissioner Morsch, seconded by Vice Chairperson ~'l~eal to approve Resolution No. 2012-15, a Resolution of the Planning Commission of the City of lake Elsinore, California, recommending approval of the Amendment to the City of Lake Elsinore Municipal Code, Title 17 -Zoning, Amending Chapter 17.08 -Definitions, and adding Chapter 17.85 - RMU Residential Mixed-Use District and Chapter 17.134 - CMU Commercial Mxed- Use District, with the provisions of the previous Motion that the Commission approved, and includes the changes that Planning Consultant Donahoe read into the record; Motion passed 5-0. 3. P Annexation, Zone Change No. 2012-p,~, -Changing the official zoning map of the City of Lake Elsinore, subject tv the completion of Annexation No. 81 also referred to as the "3rd Street Annexation" brie in ~ g g approximately 320 acres of land wi#hin the pity's sphere of in~uence generally located southwest of State Route 74 Central Avenue, west of Waterford Street, and northeast of Dexter` Avenue and Interstate 15, into the corporate boundaries of the City of Lake Elsinore Recommendation: Staff recommends that the Planning Commission take the following action: Approve a resolution recommending.. to the City Council of the City of Lake Elsinore approval. of Pre-Annexation Zoning No. 2012-01. Chairperson Jordan... recused herself from this Item because she lives in close proximity to the area and indicated that Vice Chairperson C'Neal would take over. Planning Consultant MacHott presented the Staff Report. He noted that addtionall ,staff received a letter from Bruce Eichorn re ardin the 3rd Street Y g g Annexation which was distributed to the Commission. Although the letter states that it is in re arils to the 3rd Street Annexation which includes Mr. Eichorn's g property, it does not address the annexation but addresses Wasson Canyon Road. Planning Consultant MacNott stated that Director Seumalo is available to answer any questions regarding the letter. Vice Chairperson a'Neal asked Planning Consultant MacHott about SB244 and whether this complies with its requirements. Planning Consultant MacHott explained SB244 and to applicability to the 3rd Street Annexation. City Attorney Leibold also addressed Vice Chairperson O'Neal's questions regarding SB244. Page 48 of 51 M • ` Y ^t f 9B.' REPORT Tfl PLANNING COMMISSION Tfl: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER DATE: MARCH 20, 2012 SUBJECT: AMENDMENT Tfl THE CITY flF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 -ZONING, AMENDING CHAPTER 17.0$ - DEFINITIflNS, AND ADDING CHAPTER 17.8E -RMU RESIDENTIAL MIXED-USE DISTRICT AND CHAPTER 17.134 -CMU COMMERCIAL MIXED-USE DISTRICT. Background The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011, that included mixed-use designations on various properties throughout the City. Because there are no existing zoning districts in the Lake Elsinore Municipal Code ~LEMC} that adequately provide devebpment standards for the mixed-use designations, Staff has prepared proposed new Chapters 17.8E "RMU Residential Mixed-Use District" and 17.134 "CMU Commercial Mixed Use District" for addition to the City's Municipal Code, Title 17 -Zoning. In addition, amendments to Chapter 17.08 - "Definitions" are proposed with revised land use definitions consistent with the proposed mixed use dlStriGtS. The Downtown Master Plan area also contains mixed use designations by Master Plan District. The Downtown Code is currently under review in an effort to make the residential and commercial mixed uses din its Detailed Land Use Matrix and Section 1.? -Definitions} consistent with this proposed Amendment. Staff anticipates that a revision to the Downtown Master Plan will be brought to the Commission and Council at a future date. Proj,,ect Description The 'rntent of the mixed-use concept is to accommodate a development opportunity that offers a mix of land uses. In the Residential Mixed-Use Zoning District {RMU}, Page 49 of 51 RMU & CMU Zoning Code Amendments March 24, 2412 Page 2 of 3 residential uses of various types ~e.g. apartments, condominiums, duplexes, triplexes, fourplexes, townhouses and livelwork units} may be combined with neighborhood retail and service uses. In the Commercial Mixed-Use Zoning District ~CMU}, commercial uses may be combined with residential units in a compact, high quality, pedestrian- friendly, interactive pattern. discussion & Analysis Table of Mixed Use Land Uses The RMU and CMU Zoning chapters both utilize the Table of Mixed Use Land Uses that identifies which land uses are permitted, permitted by conditional use permit, permitted by temporary use permit, ar prohibited. This quick reference table enables a property owner to determine the highest and best use of his land under the mixed use zones, If a particular use has additional regulations or restrictions, they are referenced in the Table. See Page 2 of Chapter 17.86 and Chapter 17.134.} Glossary l Definitions of Mixed Use Land Uses Both mixed-use chapters utilize the Glossary /Definitions of Mixed Use Land Uses that specifies and expands, in precise terms, the land uses within the Table of Mixed Use Land Uses. The Glossary /Definitions of Mixed Use Land Uses supersedes the existing definition of land uses in Chapter 17.08. Thus, an Amendment to Chapter 17.48 has been included with the proposed actions to amend the LEMC. Density Bonus Section 17.86.484 in the RMU District offers an increase in the maximum number of dwelling units should the developer provide certain amenities in his project. These amenities enhance and encourage the concept of mixed use, and promote "green" methods that reduce energy consumption. Environmental Determination The City certified a Recirculated Program Environmental Impact Report {RP-EIR}for the update to its General Plan. This proposed Amendment to the I.EMC implements the General Plan update, with the appropriate zoning districts for development within the mixed-use designations. No additional environmental review is required. Recommendation Staff recommends that the Planning Commission take the following action: Approve Resolution No. PC-2412- recommending to the City Council approval of the Amendment to the Lake Elsinore Municipal Cade, Title 17 -Zoning, amending Page a4 of 51 RMU &CMU Zoning Code Amendments March 20, 2012 Page 3 of 3 Chapter 17.08 -Definitions, and addin Cha ..ter 1 x.30 RMU Residential . g p M~xed- Use D~str~ct and Chapter 17,134 -CMU Commercial Mixed-Use District. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Il~larren Morelion, A~CP Planning Manager Attachments: 1. Resolution No, PC-2012, recommending that the City Council approve the Amendment to the Lake Elsinore Mun~c~pal Code, Title 17 -Zoning, amending Chapter 17.48 - Definitions, and adding Chapter 1?.86 - RMU Res~dent'ral Mixed-Use District and Chapter 1?.134 -CMU Commercial Mixed-Use District. a. Exhibit `A': Chapter 17.86 RMU Residential Mixed-Use District b. Exhibit `B': Chapter 17.134 CMU Commercial Mixed-Use District c. Exhibit `C': Chapter 17.08 Definitions (amended r q Page 51 of 51